Study On The Role Positioning Of Jurists And Justice

With the historical development of the law, we can recognize that jurists'academic research is essential, especially in civil law, they play a leading role in the country so as to the statue of some professors, who engaged in the dissemination of academic research on campus, are more important than judges. Moreover, there maintained a good traditional relationship between national legislation and jurists. By breaking away from the ivory tower, from the narrow scope and limitations of the judicial field, jurists expand research perspective and take into consideration other areas of society. They transfer their own thoughts of legal issues and social issues to the legal carefulness of the society, to social common consensus or public opinions, so that the public can understand the good intentions of the current law, thereby enabling the public confidently to understand the reasonable legal provisions. However, as we hope jurists to become an important force in promoting the progress of the rule of law, we should also see that, as a part of carrier in the modern society, they have the instincts of self-serving. In China, while the rule of law has entered a new century, the jurists, who get involved in the judicial field, has attracted widespread social controversy (mainly on behalf of Liu Yong case at the end of 2003), which not only makes the impressions of justice increasingly poor, but lets the public doubt personality and conscience of jurists who has traditionally been respected. Through analyzing empirical cases in the specific context and exploring the relationship between jurist and justice( also concerning legislation ) in history, this paper plan to explore what roles jurists should take in society, especially in adjusting the relationship between jurists and justice (judges), to achieve healthy interaction for our country.